Legal Opinion

Independence National Bank v. Buncombe Professional Park, LLC

Court of Appeals of South Carolina

Decided February 20, 2013No. Appellate Case No. 2011-196049; No. 5090PublishedCited by 2 opinions

1Opinion of the CourtLockemy, J.

Buncombe Professional Park, LLC (Buncombe) and David DeCarlis (collectively Appellants) appeal the Master-In-Equi*517ty’s (Master) reformation of Independence National Bank’s (Independence) mortgage, which placed it in a superior position to DeCarlis’s mortgage. Appellants also appeal the Master’s additional finding that pursuant to the doctrine of equitable subrogation, Independence was entitled to a first and superior mortgage. We reverse.

FACTS

Buncombe obtained a commercial loan in the amount of $1.65 million from Independence, of which DeCarlis was an individual guarantor. This loan was…

2Cases cited12 opinions

  1. Spence v. Spence Ex Rel. SpenceSupreme Court of South Carolina · 2006
  2. Dedes v. StricklandSupreme Court of South Carolina · 1992
  3. Citizens' Bank v. HeywardSupreme Court of South Carolina · 1925
  4. Nationwide Mutual Insurance v. PrioleauCourt of Appeals of South Carolina · 2004
  5. Crosby v. Protective Life InsuranceCourt of Appeals of South Carolina · 1987

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Progressive Max Insurance v. Floating Caps, Inc.Supreme Court of South Carolina · 2013
  2. Independence National Bank v. Buncombe Professional Park, LLCSupreme Court of South Carolina · 2015

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